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International Student and Scholar Support

Faculty Labor Certification

Faculty Labor Certification is a Special Handling process that allows for application for permanent residency, also known as a Green Card. This allows foreign nationals to live and work permanently in the United States. USC sponsors tenure track faculty for FLC simultaneously with the H-1B.

Document Collection

Submit the ISSS IS - Hiring Packet form with the following attachments:

Permanent Residency Timeline

For Hiring Departments and International Employees

Phase 1: Department Sponsorship Request

Position Eligibility Check

Must be permanent, full-time, and tenure-track. Position must be intended for continued employment (not temporary or visiting).

Department Contacts ISSS

Notify ISSS of intent to sponsor PR (EB-2). 

Phase 2: Case Initiation with Attorney

ISSS Refers to USC-Approved Immigration Counsel

ISSS will coordinate with an immigration attorney.

Gather Initial Documents

From employee:

  • Passport, prior immigration records (I-94, H-1B approvals, EADs, etc.).
  • Degrees and transcripts (with credential evaluations if foreign).
  • CV/resume, prior job history.

From department:

  • Signed offer letter, position description, hiring proposal.
  • Evidence of recruitment [templates for documentation provided above].

Phase 3: Prevailing Wage Determination (PWD)

Attorney Submits PWD Request to DOL
Wait for DOL Determination

PWD processing takes 3–6 months.

ISSS and Department Review

Confirm offered wage meets or exceeds PWD.

Phase 4: PERM Labor Certification

Recruitment (if required by category)

Employer must conduct DOL-compliant recruitment, including:

Department must retain all recruitment documentation and resumes.

Attorney Files ETA Form 9089

After successful recruitment and no qualified U.S. workers are found. Employee must sign final PERM form.

Wait for PERM Approval

Processing takes 6–10 months (can vary). DOL may conduct audit (adds 6–12 months).

Phase 5: I-140 Immigrant Petition

Attorney Prepares & Files I-140

USC is petitioner; includes:

  • PERM approval.
  • Employer support letter.
  • Proof of financial ability to pay offered wage.
  • Employee credentials.
Optional: I-907 Premium Processing

Premium available for I-140 (15-day response).

Wait for USCIS Adjudication

Approval takes 1–12 months depending on premium and service center.

Phase 6: Adjustment of Status (I-485)

Check Visa Bulletin

Employee's country of chargeability and EB category must be “current” to file I-485.

If Current: Attorney Files I-485 Packet

Includes:

  • I-485 (for employee and eligible dependents).
  • I-765 (EAD) and I-131 (advance parole) optional.
  • Medical exam (Form I-693).
  • Proof of lawful status and employment history.
I-485 Receipt Notices Issued

EAD/AP typically issued in 2–4 months.

Biometrics Appointment

Required for all applicants age 14–79.

Wait for I-485 Approval

May take 8–24+ months depending on visa availability and processing center. 

Final Step: Permanent Residency Granted

Green Card Mailed to Employee

Valid for 10 years (or 2 years if conditional). USCIS sends welcome notice and actual card.

Employee Must Notify ISSS & HR

Update I-9 form (HR). Stop immigration sponsorship tracking.

Post-Green Card Considerations

  • No longer subject to H-1B rules.
  • Maintain lawful permanent resident (LPR) status (e.g., avoid long trips abroad).
  • Eligible to apply for U.S. citizenship after 5 years as LPR (in most cases).

Timeline Summary

Stage Approx. Duration
Prevailing Wage 3–6 months
Recruitment & PERM Filing 3–5 months
PERM Processing 6–10 months (or more)
I-140 Processing 1–6 months
I-485 (if current) 8–24+ months
Total (typical) 18–36 months

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